All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The first instance court acquitted the Defendant on the facts charged of special intimidation, and convicted the Defendant on the facts charged of intimidation included in the above facts.

Accordingly, only the defendant appealed against the above guilty portion as follows, and the prosecutor did not appeal against the acquittal portion of the above reasons.

In such a case, according to the indivisible principle of appeal, the part of innocence in the above reasoning is also remanded to the trial court. However, since the part of innocence in the above reason is already excluded from the object of attack and defense between the parties, it cannot be judged again by the court (see Supreme Court Decision 2004Do5014, Oct. 28, 2004). Accordingly, the conclusion of the judgment of the court below as to the part of innocence in the above reason is followed, and this court is not judged separately.

2. Summary of reasons for appeal;

A. The Defendant did not assault or threaten a victim as stated in this part of the facts charged.

Nevertheless, the judgment of the court of first instance that recognized the establishment of the crime of retaliation and intimidation against the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is unfair.

B. In the event that the Defendant had been physically and mentally weak at the time of committing the instant special assault, the lower court did not err by misapprehending this, even though he had been physically and mentally weak at the time of committing the instant special assault.

(c)

The punishment sentenced by each court below (the first instance court: the imprisonment of 1 year and 6 months, and the second instance court: the imprisonment of 4 months) is too unreasonable.

3. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and all the defendants appealed, and this court decided to hold a joint hearing of the above two appeals cases.

Article 38(1) of the Criminal Act provides that each crime of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act.